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Home My WebLink AboutPC Res 04-30 - 2004-05-19 RESOLUTION NUMBER 04-30 OR/G/jiJ n/I/ l A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT NO. 01-15 (INDEFINITE EXTENSION), APPROVING THE CONTINUED USE OF AN OUTDOOR FOOD SERVICE AREA IN CONJUNCTION WITH AN EXSITING RESTAURANT BUSINESS (PICK UP STIX) AT 12430 SEAL BEACH BOULEVARD, (OLD RANCH TOWNE CENTER) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On April 22, 2004, Kevin RIley for Pick Up Stix (the "Applicant") filed an application with the Department of Development Services for Conditional Use Permit 01-15 (Indefinite Extension). A conditional use permit IS reqUIred to continue to allow for the provision of outdoor seating for a restaurant business (PIck Up Stix) at 12430 Seal Beach Boulevard. Section 2. Pursuant to 14 Cahf. Code of Regs. ~ 15025(a) and ~~ II.C and III of the City's Local CEQA GUIdelines, staff prepared an Initial Study and a Draft Environmental Impact Report (DEIR), to study the environmental impacts arising from the proposed Bixby Old Ranch Towne Center Development Plan and related General Plan amendments. The DEIR was circulated for public review and comment from April 15, 1998 to May 29, 1998, in complIance with the provisions of the CalifornIa Environmental Quality Act (CEQA) and the City's Local CEQA Guidelines. Upon completion of the public review period, the Planning CommiSSIOn at a public hearing held on September 9, October 21, and November 4, 1998 reviewed a Final EnVironmental Impact Report. After the public hearing, the Planning Commission found, through the adoption of Planning CommiSSion Resolution No. 98-37 that the Bixby Old Ranch Towne Center Development Plan Final Environmental Impact Report (EIR) is adequate under CEQA. After considering the Final EIR and public testimony thereto at a pubhc hearing on November 9 and November 17, 1998, the City Council adopted City Council Resolution No. 4660, certifying the Final EIR and adopting a statement of overridmg considerations. On August 23, 1999, the City CouncIl conducted a public hearing to consider revisions to the EIR and a statement of overriding considerations pursuant to the August 3, 1999 writ issued by the Orange County Superior Court. The approval of this resolution is within the scope of the project analyzed in the Final EIR, as revised, and City Council Resolution No. 4728 is hereby incorporated by this reference. Section 3. A duly noticed public hearing was scheduled before the Planning Commission on May 19, 2004, to conSIder the application for Conditional Use Permit 01-15 (Indefinite Extension). Section 4. The record of the hearing of May 19, 2004, indicates the following: (a) On April 22, 2004, Kevin RIley (the "Applicant") filed an application With the Department of Development Services for Conditional Use Permit 01- 15 (Indefinite Extension). (b) A conditional use permit is required to continue to allow for the proVISion of outdoor seating for a restaurant business (Pick Up Stix) at 12430 Seal Beach Boulevard. Page 1 of4 Planning CommIssIOn ResolutIOn No 04-30 CUP 01-15 (Indefimte ExtensIOn) Plck-Up-StlX - 12430 Seal Beach Blvd May 19, 2004 (c) The applicant is proposing to contmue to provide a maximum of 20 outdoor seats in conjunction with an existmg restaurant business, on property located on the east sIde of Seal Beach Boulevard, in what is commonly referred to as the "Bixby Old Ranch Towne Center." (d) The proposed development is located in the General CommercIal (C-2) zone within the Old Ranch Towne Center, a 26.045-acre commercial shopping center site located at the northeast comer of Seal Beach Boulevard and St. Cloud. ( e) The commercial shoppmg center includes 286,967 square feet of retail commercial floor area separated into numerous building pads, which includes an outdoor nursery service area of approximately 10,000 square feet attached to one of those retail sites, approximately 1,564 parkmg spaces and landscaping. Major tenants within the shopping center include: Target; Bed, Bath & Beyond; Ralph's Market; Sav-On Drugstore; and Islands Restaurant. (f) Surrounding land uses and zonmg are as follows: North, South & East - remaining portions of Old Ranch Towne Center in the General Commercial (C-2) zone. West - across Seal Beach Boulevard, in the General Commercial (C-2) zone is the Rossmoor Center development, in the CIty of Seal Beach. (g) The proposed development plan comphes with all City standards regarding minimum lot size, building setbacks, lot coverage, building height, landscaping, and parking requirements Section 5. Based upon the facts contained in the record, including those stated in ~4 of this resolution and pursuant to the City Code, the Planning Commission makes the following findmgs: (a) CUP No. 01-15 (Indefinite Extension) IS consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "general commercial" deSignation for the subject property and permits the contmued use of outdoor food service areas subject to the issuance of a Conditional Use Permit. The use is also consistent with the remaining elements of the City's General Plan, as the policies of those elements are consistent with, and reflected in, the Land Use Element. Accordmgly, the proposed use is consistent with the General Plan. (b) The building and property at the subject site of the Old Ranch Towne Center are adequate in size, shape, topography and location to meet the needs of the proposed use of the property. The entire shopping center is approximately 25 acres in area. Major tenants within the shopping center include: Target; Bed, Bath & Beyond; Ralph's Market; Sav-On Drugstore; and Islands Restaurant. The proposed development plan comphes wIth all City standards regarding minimum lot SIze, bUIldmg setbacks, lot coverage, building height, landscaping, and parkmg reqUIrements. (c) Required adherence to applicable building and fire codes ensure there will be adequate water supply and utilities for the proposed use. (d) The nearest homes to the requested outdoor seating area are to the southwest and northeast of the shoppmg center, in excess of 500 feet in either directIOn. Given the nature of the outdoor seating area and the orientation of the seating area away from the residential development and the distance to eXlstmg residential areas, the proposed outdoor seating area Page 2 of4 Planning CommIssIOn ResolutIOn No 04-30 CUP 01-15 (Indefimte ExtensIOn) Plck-Up-StlX - 12430 Seal Beach Blvd May 19, 2004 is compatible with the character of the surrounding area. Adherence to conditions of approval placed on the use by the City of Seal Beach should mitigate any negative impacts to neighboring resIdential propertIes. Section 6. Based upon the foregoing, the Planning Commission hereby approves CondItional Use Permit 01-15 (Indefinite Extension), subject to the following conditions: 1. Conditional Use Permit 01-15 (Indefinite Extension) at 12430 Seal Beach Boulevard is approved for an outdoor food service area, wIth a maximum of 20 outdoor seats at five separate 4-person tables located adjacent to the storefront, on the south side of the bUIlding. 2. Maintain a minimum of a 5-foot clear pedestrian path between the proposed extenor seats and tables and any adjacent structure columns, dnve isle, or parking lot. 3. ApplIcant must provide a minimum 42" high guardrail around outdoor seatmg area. 4. The applicant will prominently dIsplay these Conditions of Approval in a location within the busmesses' customer area that is acceptable to the Director of Development ServIces. 5. In the event staff determines security problems exist on the site, the Conditions of this permit may be amended, under the procedures of The Code of the City of Seal Beach, to require the provision of addItional security measures. 6. A modification of this Conditional Use Permit shall be applied for when: a. The establishment proposes to change the type, number or general location of the outdoor seating area. b. The establishment proposes to modify any of its current Conditions of Approval. c. There is a substantial change in the mode or character of operations of the establishment. 7. This Conditional Use Permit shall not become effective for any purpose unless/until a CIty "Acceptance of CondItions" form has been signed by the applicant in the presence of the Director of Development ServIces, or notarized and returned to the Planning Department; and until the ten (10) calendar-day appeal penod has elapsed. 8. The hours of operation shall be II :00 AM to 9 P.M. daily. 9. In the event staff determines security problems exist on the site, the conditions of this permit may be amended, under the procedures of the Seal Beach Municipal Code, to require the provision of additional security measures. 10. The establishment shall have a pubhc telephone listing. 11. Litter and trash receptacles shall be located at convenient locations inside and outside the establishment, and operators of such estabhshments shall remove trash and debris on an appropriate basis so as not to cause a health problem. There shall be no dumping of trash and/or glass bottles outside the establishment between the hours of 10:00 P.M. and 7:00 A.M 12. This Conditional Use Permit shall become null and void unless exercised within one (1) year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request for extension submitted to the Department of Development Services a minimum of nmety (90) days prior to such expiration date. Page 3 of4 Planning CommIssIOn ResolutIOn No 04-30 CUP 01-15 (Indefinite ExtensIOn) Plck-Up-StlX - 12430 Seal Beach Blvd May 19,2004 13. There shall be no live entertainment, amplified mUSIC, or dancing permitted on the premises at any time, unless specifically authorized by a conditional use permit issued by the City and unless such uses are consistent with the license conditions imposed by the State of California Department of Alcoholic Beverage Control 14. The proposed facility shall comply with Chapter 13D, "NOIse Control", ofthe Code of the City of Seal Beach as the regulations of that Chapter now exist or may hereafter be amended. Should complaints be received regarding noises generated by the facility, the Planning Commission reserves the right to schedule the subject permit for reconsideration and may require the applIcant/operator to mitigate the noise level to comply with the provisions of Chapter 13D. 15. The applicant shall mdemrufy, defend and hold harmless City, its officers, agents and employees (collectively "the CIty" heremafter) from any and all claims and losses whatsoever occurring or resulting to any and all persons, firms, or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of the use permitted hereby or the exercise of the nghts granted herein, and any and all claims, lawsuits or actions arising from the granting of or the exercise of the rights permitted by this Conditional Use Permit, and from any and all claims and losses occurring or resulting to any person, firm, corporation or property for damage, injury or death ansing out of or connected with the performance of the use permitted hereby. Applicant's obligation to indemnify, defend and hold harmless the City as stated herein shall include, but not be limited to, paying all fees and costs incurred by legal counsel of the City's chOIce in representing the City in connection with any such claims, losses, lawsuits or actions, expert witness fees, and any award of damages, Judgments, verdicts, court costs or attorneys' fees in any such lawsuit or action. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 19th day of May 2004 by the followmg vote: AYES: Commissioners Sharp, Deaton, Eagar, Ladner, and Shanks NOES: Commissioners None ABSENT: Commissioners None f2~ Mac Cummms Secretary Planning Commission **** Page 4 of4